State v. Wilkins: Waiver of Statutory Competency Hearing Rights under Section 15A-1002 Introduction The Supreme Court of North Carolina decision in State v. Wilkins, 378 N.C. 1 (2024), addresses...
Right to Carry Forward Excess Export Credits: Interpretation of “Credit Allowed” in N.C.G.S. § 105-130.45 Introduction This appeal arises from a dispute between Philip Morris USA, Inc. (“Philip...
Clarifying Findings in Juvenile Permanency Planning and Relative Placement under North Carolina Law 1. Introduction This commentary examines the North Carolina Supreme Court’s decision in In re L.L....
Clarifying Authority, Due Process, and Misconduct Standard in Article IV Removal of County Clerks Introduction In In re Chastain, 383 N.C. 1 (2024), the Supreme Court of North Carolina addressed...
Clarification of “Total Loss of Wage-Earning Capacity” Under N.C.G.S. § 97-29(c) Introduction Sturdivant v. North Carolina Department of Public Safety, decided December 13, 2024, by the Supreme Court...
Admissibility of Prior Sexual Assaults Under Rule 404(b) & Capital Sentencing Evidence: State v. Gillard Introduction In State v. Gillard, the North Carolina Supreme Court reviewed the convictions...
Preserving Constitutional Challenges in Juvenile Removal Proceedings: The Requirement to Raise As-Applied Claims Under North Carolina’s Juvenile Code Introduction In In re K.C., 381 N.C. 1 (2024),...
Exclusion of Viral Contamination Bars Coverage Despite Direct Physical Loss Allegations Introduction The Supreme Court of North Carolina’s decision in Cato Corp. v. Zurich American Insurance Co., No....
Appellate Review Bound by Parties' Arguments: Supreme Court Upholds Lien Validity in Bottoms Towing v. Circle of Seven Introduction The case of Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC...
Enhancing Appellate Review Standards in Juvenile Neglect and Dependency Cases: In re A.J., J.C., J.C. Introduction The Supreme Court of North Carolina, in the case of In re A.J., J.C., J.C. (904...
North Carolina Supreme Court Upholds Corum Claims Piercing State Sovereign Immunity in Regulatory Enforcement Introduction In the landmark case KODY KINSLEY, in his official capacity as Secretary of...
Affirmation of Multiple Human Trafficking Counts per Victim under N.C. G.S. § 14-43.11 Introduction The Supreme Court of North Carolina, in the case of State of North Carolina v. Robin Applewhite...
North Carolina v. Phillip Brandon Daw: Reinforcing the Boundaries of Habeas Corpus Under N.C.G.S. § 17-4 Introduction In the landmark case of State of North Carolina v. Phillip Brandon Daw (904...
Actual Notice Suffices for Policy Cancellation under N.C. G.S. § 58-44-16(f)(10): Ha v. Nationwide General Insurance Introduction The Supreme Court of North Carolina, in the landmark case Ha v....
Text Prevails Over Zoning Tables: Establishing Clarity in Zoning Ordinances Introduction The case of Alison Arter v. Orange County, Stephen M. Burt, Sharon C. Burt, Jodi Bakst, and Real Estate...
Eminent Domain and Development Rights: Comprehensive Analysis of Department of Transportation v. Bloomsbury Estates Introduction The case of Department of Transportation v. Bloomsbury Estates, LLC,...
Establishing the "Open and Obvious Risk" Principle: Cullen v. Logan Developers, Inc. Introduction In the landmark case of Cullen v. Logan Developers, Inc., 904 S.E.2d 730 (N.C. 2024), the Supreme...
Clarification of Castle Doctrine Under North Carolina Statutes: State v. Angela Benita Phillips Introduction In the landmark case State of North Carolina v. Angela Benita Phillips (905 S.E.2d 23,...
Reaffirming Substantial Evidence Standards and Excited Utterance Exception in Robbery Cases: State v. Travis Davenport Introduction The Supreme Court of North Carolina, in the case of State of North...
Distinction Between Claims and Causes of Action in Statute of Limitations: NC Supreme Court's Ruling in EPCON Homestead v. Town of Chapel Hill Introduction The case of EPCON Homestead, LLC v. Town of...